(a) The vote-recording devices, electronic poll books,
tabulating programs and standard validation test ballots are to
remain sealed during the canvass of the returns of the election,
except that the equipment may be opened for the canvass and must be
resealed immediately thereafter. During the seven-day period after
the completion of the canvass, any candidate or the local chair of
a political party may be permitted to examine any of the sealed
materials: Provided, That a notice of the time and place of the
examination shall beis posted at the central counting center
before and on the hour of nine o'clock in the morning on the day
the examination is to occur and all persons entitled to be present
at the central counting center may, at their option, be present.
Upon completion of the canvass and after the seven-day period has
expired, the vote-recording devices, test results and standard
validation test ballots are to be sealed for one year: Provided,
however, That the vote-recording devices, electronic poll books,
and all tabulating equipment may be released for use in any other
lawful election to be held more than ten days after the canvass is
completed and any of the electronic voting equipment or electronic
poll books discussed in this section may be released for inspection
or review by a request of a circuit court or the Supreme Court of
Appeals.

(b) In canvassing the returns of the election, the board of
canvassers shall examine as required by subsection (d) of this
section, all of the vote-recording devices, electronic poll books,
the automatic tabulating equipment used in the election and those
voter-verified paper ballots generated by direct recording
electronic vote machines; shall determine the number of votes cast
for each candidate and for and against each question; and, by this
examination, shall procure the correct returns and ascertain the
true results of the election. Any candidate or his or her party
representative may be present at the examination.

(c) If any qualified individual demands a recount of the votes
cast at an election, the voter-verified paper ballot shall be used
according to the same rules that are used in the original vote
count pursuant to section twenty-seven of this article. For
purposes of this subsection, "qualified individual" means a person
who is a candidate for office on the ballot or a voter affected by
an issue, other than an individual's candidacy, on the ballot.

(d) During the canvass and any requested recount, at least
five percent of the precincts are to be chosen at random and the
voter-verified paper ballots are to be counted manually. Whenever
the vote total obtained from the manual count of the voter-verified
paper ballots for all votes cast in a randomly selected precinct:

(1) Differs by more than one percent from the automated vote
tabulation equipment; or

(2) Results in a different prevailing candidate or outcome,
either passage or defeat, of one or more ballot issues in the
randomly selected precincts for any contest or ballot issue, then
the discrepancies shall immediately be disclosed to the public and
all of the voter-verified paper ballots shall be manually counted.
In every case where there is a difference between the vote totals
obtained from the automated vote tabulation equipment and the
corresponding vote totals obtained from the manual count of the
voter-verified paper ballots, the manual count of the voter-verified paper ballots is the vote of record.

_________________

(NOTE: This bill was recommended for introduction and passage
by the Joint Committee on the Judiciary. The purpose of this bill
is to remove the hand canvassing requirements of electronic voting
machines, while leaving intact the recount provisions.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)